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Search Results for "insurer's duty"

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High Court

High Court of Karnataka Allows Insurer's Appeal in Motor Accident Claim — Insurer Not Liable to Pay Compensation as Vehicle Was Not Involved in Accident. Claimant Failed to Prove Involvement of Insured Vehicle in Accident, Hence Insurer's Liability Cannot Be Fastened Under Motor Vehicles Act, 1988.

3 Jul 2025

The appeal was filed by the Oriental Insurance Co. Ltd. (the insurer) challenging the judgment and award dated 04.04.2016 passed by the XVI Additional...

High Court

Bombay High Court Dismisses Insurer's Challenge to Insurance Ombudsman Award in Health Insurance Claim Dispute. Court upheld the Ombudsman's jurisdiction and award of Rs.27,13,582/- for medical expenses, rejecting the insurer's arguments on partial repudiation and policy validity.

9 Dec 2024

The case involves a dispute between Bharat Hirji Dedhia (the insured) and Oriental Insurance Company Ltd. (the insurer) regarding a health insurance p...

High Court

High Court of Karnataka Allows Appeal in Insurance Claim Dispute — National Textile Corporation Ltd. v. United India Insurance Co. Ltd. & Anr. — Held that the Trial Court erred in dismissing the suit for recovery of money without considering the evidence on record and the terms of the insurance policy.

14 Mar 2023

The appellant, National Textile Corporation Ltd., a government company, filed a suit for recovery of money against the respondents, United India Insur...

Supreme Court

Supreme Court Dismisses Insurance Claim in Consumer Dispute Over Deterioration of Stock Policy. Claim Rejected as Insured's Admission of Proper Temperature Maintenance Triggered Policy Exceptions Excluding Liability if Temperature Did Not Exceed 4.4°C.

24 Jan 2022

The appeal originated from a judgment of the National Consumer Disputes Redressal Commission dated 14 August 2018 in Consumer Case No 37 of 2010. The ...

High Court

High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Insurer Not Liable as Deceased Was a Gratuitous Passenger in a Goods Vehicle. The court held that the insurer is not liable to pay compensation for the death of a gratuitous passenger traveling in a goods vehicle, as the policy does not cover such risk under Section 147 of the Motor Vehicles Act, 1988.

8 Sep 2020

The case arises from a motor accident claim where the deceased, Parvati, was traveling as a pillion rider on a motorcycle when she fell off and died. ...

High Court

Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim Cases — Upholds Compensation for Death of Pillion Rider and Injuries to Others. Held that insurer is liable to pay compensation as the vehicle was insured and the accident occurred due to rash and negligent driving.

21 Dec 2017

The case involves three first appeals filed by Bajaj Allianz General Insurance Co. Ltd. against the common judgment and award of the Motor Accident Cl...

High Court

High Court of Bombay Upholds Insurance Company's Liability in Motor Accident Claim — Negligence of Driver Established. Deceased was a passenger in a mini bus that overturned due to rash driving; compensation awarded to legal heirs under Motor Vehicles Act, 1988.

19 Dec 2017

The appeal arises from a judgment and award dated 20-03-2003 passed by the Motor Accident Claims Tribunal, Nanded, in Motor Accident Claim Petition No...

High Court

High Court of Karnataka Dismisses Insurer's Appeal and Allows Claimants' Cross-Objections in Motor Accident Claim — Negligence of Driver Proved, Compensation Enhanced. The court upheld the Tribunal's finding of negligence against the driver of the insured vehicle and enhanced compensation from Rs. 2,90,000/- to Rs. 4,50,000/- with interest at 8% p.a. under the Motor Vehicles Act, 1988.

17 Oct 2016

The case arises from a motor accident claim petition filed by the parents of a deceased 17-year-old boy, who died in a road accident involving a vehic...

High Court

High Court of Karnataka Dismisses Insurer's Appeal and Allows Claimants' Cross-Objections in Motor Accident Claim — Negligence of Driver Upheld, Compensation Enhanced from Rs. 2,90,000 to Rs. 4,50,000. The court held that the driver's failure to examine himself and the unchallenged evidence of claimants proved negligence, and the compensation was enhanced considering the deceased's income and multiplier under the Motor Vehicles Act, 1988.

17 Oct 2016

The case arises from a motor accident claim petition filed by the parents of a deceased person who died in a road accident. The claimants, Neelaiah an...

High Court

High Court of Karnataka Dismisses Insurance Company's Appeal and Enhances Compensation in Motor Accident Claims — Negligence of KSRTC Driver Established, Insurer Liable to Pay Compensation with Right to Recover from Owner. The court held that the KSRTC driver was solely negligent for driving on the wrong side, and the insurer of the lorry was not liable; compensation was enhanced for both death and injury claims under the Motor Vehicles Act, 1988.

20 Jan 2016

The judgment arises from three appeals arising out of two motor accident claim petitions. The accident occurred on 20.08.2010 involving a KSRTC bus (K...

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